Encinitas wants more revision to light-post banner rules

ENCINITAS  The Encinitas City Council discussed possible changes to the city’s banner program along Highway 101 Wednesday and decided to put a subcommittee together to further explore one of the presented options, which would allow the use of banners for city sponsored events.

The council was presented with three options- discontinue the banner program; allow the banners for the city’s own messages and events; or allow the banners for city-sponsored events.

They went with the latter option but voted to put a subcommittee together, consisting of Councilmen James Bond and Mark Muir, to revise the set of rules and ensure they are in accordance with the law.

In April the city was threatened with a lawsuit when it deemed banners bearing the image of the late Councilwoman Maggie Houlihan was a political statement and violated the city’s municipal code. The memorial banners, hung by The Artists’ Colony, hadn’t been included in the original permit application. The group covered the banners with blue vinyl tape to comply with the city’s request. Houlihan’s widow Ian Thompson threatened to sue for freedom of speech if the tape wasn’t allowed to be removed. Thompson had the support of The American Civil Liberties Union and the Encinitas-based Coast Law Group. The council decided to have the banners uncovered.

The council, however, also voted in April to suspend its banner permitting process until it could sort out the permitting process and possible ambiguities in the municipal code.

Council members said Wednesday they hoped establishing guidelines for the banners would help remove risk to the city.

“People know that the program we had is without rules otherwise the city gets sued and loses,” Mayor Jerome Stocks said. “We can’t go forward, in my opinion, with the same rules we had because we now know that we are not going to be able to control content.”

He said the new rules could include things like pre-approved images.

Councilwoman Teresa Barth said until the rules are established the permit ban should be lifted for organizations who had previously received permits, but not for new applicants. She said organizers of the LeucadiART Walk event, who had banners displayed in prior years, were not able to display their banners for Sunday’s event because of the ban. Muir agreed with Barth. The other council members did not.